Alphonse-Marie–Marcellin–Thomas Bérenger (31 May 17851 May 1866), known as Thomas Bérenger or Berenger de la Drôme, was a French lawyer and politician. He was the son of a deputy of the third estate of Dauphiné to the

Constituent Assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...

Life

He was born in

Valence Valence or valency may refer to: Science * Valence (chemistry), a measure of an element's combining power with other atoms * Degree (graph theory), also called the valency of a vertex in graph theory * Valency (linguistics), aspect of verbs rel ...

. He entered the magistracy and became ''procureur général'' at Grenoble, but resigned this office on the

Bourbon Restoration Bourbon Restoration may refer to: France under the House of Bourbon: * Bourbon Restoration in France (1814, after the French revolution and Napoleonic era, until 1830; interrupted by the Hundred Days in 1815) Spain under the Spanish Bourbons: * ...

. He then devoted himself mainly to the study of

criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...

, and in 1818 published ''La justice criminelle en France'', in which with great courage he attacked the special tribunals, provosts' courts or military commissions which were the main instruments of the Reaction, and advocated a return to the old common law and

trial by jury A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significant ...

. The book had a considerable effect in discrediting the reactionary policy of the government; but it was not until 1828, when Bérenger was elected to the chamber, that he had an opportunity of exercising a personal influence on affairs as a member of the group known as that of constitutional opposition. His courage, as well as his moderation, was again displayed during the revolution of 1830, when, as president of the parliamentary commission for the trial of the ministers of Charles X, he braved the fury of the mob and secured a sentence of imprisonment in place of the death penalty for which they clamoured. His position in the chamber became one of much influence, and he had a large share in the modelling of the new constitution, though his effort to secure a

hereditary peer The hereditary peers form part of the peerage in the United Kingdom. As of September 2022, there are 807 hereditary peers: 29 dukes (including five royal dukes), 34 marquesses, 190 earls, 111 viscounts, and 443 barons (disregarding subsid ...

age failed. Above all he was instrumental in framing the new criminal code, based on more

humanitarian Humanitarianism is an active belief in the value of human life, whereby humans practice benevolent treatment and provide assistance to other humans to reduce suffering and improve the conditions of humanity for moral, altruistic, and emotional ...

principles, which was issued in 1835. It was due to him that, in 1832, the right, so important in actual French practice, was given to juries to find "

extenuating circumstance In criminal law, a mitigating factor, also known as an extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sente ...

s" in cases when guilt involved the death penalty. In 1831 he had been made a member of the court of appeal (

cour de cassation A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...

), and the same year was nominated a member of the Academy of Political and Moral Sciences ( Académie des Sciences Morales et Politiques). He was raised to the peerage in 1839. This status he lost owing to the

revolution of 1848 The Revolutions of 1848, known in some countries as the Springtime of the Peoples or the Springtime of Nations, were a series of political upheavals throughout Europe starting in 1848. It remains the most widespread revolutionary wave in Europea ...

which ended his career as a politician. As a judge, however, his activity continued. He was president of the high courts of

Bourges Bourges () is a commune in central France on the river Yèvre. It is the capital of the department of Cher, and also was the capital city of the former province of Berry. History The name of the commune derives either from the Bituriges, t ...

and

Versailles The Palace of Versailles ( ; french: Château de Versailles ) is a former royal residence built by King Louis XIV located in Versailles, about west of Paris, France. The palace is owned by the French Republic and since 1995 has been managed, u ...

in 1849. Having been appointed president of one of the chambers of the court of appeal, he devoted himself entirely to judicial work until his retirement, under the age limit, on 31 May 1860. He now withdrew to his native town, and occupied himself with his favorite work of reform of criminal law. In 1833, he had shared in the foundation of a society for the reclamation of young criminals, in which he continued to be actively interested to the end. In 1851 and 1852, on the commission of the academy of moral sciences, he had travelled in France and England for the purpose of examining and comparing the penal systems in the two countries. The result was published in 1855 under the title ''La Répression pénale, comparaison du système pénitentiaire en France et en Angleterre''. His son,

René Bérenger René Bérenger, born in Bourg-lès-Valence (Drôme) on 22 April 1830 and died Alincourt (Ardennes) on 29 August 1915, was a French lawyer, judge, and politician. Life He was the son of Alphonse-Marie-Marcellin-Thomas Bérenger, and followed his ...

, continued the work of his father.

Honours

* 1833: Officer of the

Order of Leopold Order of Leopold may refer to: * Order of Leopold (Austria), founded in 1808 by emperor Francis I of Austria and discontinued in 1918 * Order of Leopold (Belgium), founded in 1832 by king Leopold I of Belgium * Order of Leopold II, founded in Congo ...

.Mémorial du centenaire de l'Ordre de Léopold. 1832–1932. Bruxelles, J. Rozez, 1933.

Notes

References

External links

* {{DEFAULTSORT:Berenger, Alphonse-Marie-Marcellin-Thomas 1785 births 1866 deaths People from Valence, Drôme Members of the Chamber of Representatives (France) Members of the Chamber of Deputies of the Bourbon Restoration Members of the 1st Chamber of Deputies of the July Monarchy Members of the 2nd Chamber of Deputies of the July Monarchy Members of the 3rd Chamber of Deputies of the July Monarchy Members of the 4th Chamber of Deputies of the July Monarchy Members of the 5th Chamber of Deputies of the July Monarchy Court of Cassation (France) judges French legal writers 19th-century French writers 19th-century French male writers 19th-century French judges French male non-fiction writers Members of the Académie des sciences morales et politiques